FILNER VETOES COUNCIL’S TWO PICKS FOR PORT

Mayor says lack of District 4 member to weigh in a factor

San Diego 
Mayor Bob Filner invoked his veto powers for the first time Friday, blocking the City Council’s appointments to the Port Commission.

The move sets up another public showdown between the new mayor and council President Todd Gloria less than two months into Filner’s tenure. The two sparred last week over appointments to the San Diego Association of Governments.

Filner’s decision puts the fate of the would-be port commissioners — attorney Rafael Castellanos and businessman Marshall Merrifield — in serious doubt. The council has 30 days to override the veto with six votes, but that may be difficult given its current 4-4 split between Democrats and Republicans. If the override fails, the city would have to start over or delay the decision until the vacant District 4 seat is filled.

Filner said he vetoed the council’s choices for several reasons, including the lack of a District 4 council member to weigh in after Tony Young’s Jan. 1 resignation. He also said the city should develop a vision and policy direction for appointees to follow and reshape the appointment process to ensure commissioners can be held accountable by the city.

“The Port District plays a vital role in our community and is central to the economic and cultural success of our region,” Filner said. “We need to have a vision of the Port that these Commissioners can carry out.”

Gloria responded by saying the two selections would serve the city’s interests well and he would schedule a hearing to override the veto.

“After the State of the City address where the mayor stressed the importance of the port to our economic future, he appears to want to leave the city of San Diego unrepresented on the Port Commission for the foreseeable future,” said Gloria, who like Filner is a Democrat.

If the city waits until the District 4 seat is filled, it could be several months before the port appointments are made. The District 4 special election is March 26, but if no one wins a majority as expected, the top two finishers would compete in runoff up to 49 days later.

Councilman Scott Sherman said he was disappointed by the mayor’s decision. “The Port of San Diego is too important to our regional economy to be held up by partisan, Washington-style political games,” he said.

Councilman Kevin Faulconer also said he would vote for the veto override and called leaving the spots vacant “a disservice to San Diego citizens.”

During the Jan. 8 selection process, Gloria joined with his Republican colleagues to appoint Merrifield. Then the Republicans — Faulconer, Mark Kersey, Sherman and Lorie Zapf — returned the favor by voting with Gloria for Castellanos. It was seen as a compromise that saw each side of the political aisle get a preferred choice.

That quid pro quo didn’t sit well with some Democrats who feel that the two openings could both be filled with Democrats if the decision is delayed until after the District 4 election, which has historically been won by Democrats.

Castellanos, a Democrat, is a partner with the law firm Solomon Minton Cardinal Doyle & Smith, where he specializes in commercial real estate and business transactions, and president of La Raza Lawyers Association.

Merrifield, a Republican, is former president and CEO of General Lock and Clark Security Products, a member of San Diego’s Campaign to End Homelessness and was an economic adviser to former San Diego Mayor Jerry Sanders.

Castellanos and Merrifield would have replaced former commissioners Scott Peters, who was elected to Congress in November, and Lee Burdick, who resigned to become director of special projects and legal affairs for Filner.

The city has three seats on the seven-member Port Commission, with Bob Nelson as its only current member.